Developments of Interest

New Cases of Interest - July 6, 2018

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Morgan v. Superior Court (2018) 23 Cal.App.5th 1026.  A former trustee of a family trust sought to claim attorney-client privilege in connection with communications from the trust's former legal counsel, preventing those communications from going to the successor trustees and their current legal counsel.

The Court of Appeal held that a former trustee is not allowed to withhold from a successor trustee all communications between that former trustee and the trust's legal counsel.  Any contrary provision in the trust instrument violated statutory public policy and was therefore void.

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